Should I be reimbursed for over contribution to LI?

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Should I be reimbursed for over contribution to LI?

My employer inaccurately filled out my hire paperwork and I have been contributing to LI as a roofer instead of as clerical. In total over the last year, it was minimum $960 taken out of my check wrongfully. My employer told me there is nothing that he can do about it. Is that true. What can be done about reimbursement, if anything?

Asked on April 26, 2019 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If the employer took out more money from your check then they should have for the benefit (LI) you received, they have to repay you that amount: in essence, if they made a mistake, they have to absorb the cost of the mistake themself. An error does not let someone keep extra money from you. This is the flip side of the same principal that if they accidentially took out too little from you for the benefit they gave you, once the error is discovered, they could make you pay the extra amount (i.e. catch up on the underpayments) you should have paid all along. That's the good news. The bad news is, if your employer will not voluntarily honor their obligation to return your money, the only way to make them repay you would be to sue them for the money, and suing your emloyer is clearly a drastic option; you need to decide if it is worth it to you.


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